PUBLIC NOTICE Proposed Order on Application for Site Certificate for the Madras Solar Energy Facility - Oregon.gov
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PUBLIC NOTICE
Proposed Order on Application for Site Certificate
for the Madras Solar Energy Facility
Date Notice and Proposed Order Issued: DPO. On April 22, 2021, Council appointed Hearing
May 10, 2021 Officer, Joe Allen, conducted an in-person DPO public
hearing with additional remote participation
Deadline to Request Party or Limited Party Status: opportunities via webinar and teleconference. Council
June 10, 2021, at 5:00 p.m. Pacific Standard Time (PST) reviewed the DPO and comments received at its April
23, 2021 Council meeting. Comments and issues
Proposal: Application for Site Certificate (ASC) from raised on the record of the DPO, within Council
Madras PV1, LLC, a wholly owned subsidiary of jurisdiction, have been evaluated in the Proposed
Ecoplexus Inc. (applicant) for a proposed 63 megawatt Order, presented in underline/strikethrough format,
alternating current (MWac) photovoltaic solar energy as applicable.
facility on approximately 284 acres.
Contested Case Process: Following issuance of the
Proposed Facility Location: Jefferson County, Proposed Order, Council must conduct a contested
approximately 5.5 miles west of the City of Madras. case proceeding on the ASC. Only those individuals or
organizations that commented on the record of the
Purpose of Notice: This notice is provided in DPO public hearing, either in person at the April 22,
accordance with OAR 345-015-0230 to inform the 2021 public hearing, or in writing between March 23
public that the Oregon Department of Energy through April 22, 2021 may request to participate in
(Department), staff to the Energy Facility Siting the contested case as a party or limited party under
Council (EFSC or Council), issued a Proposed Order on OAR 345-015-0016. The requirements for requesting
the ASC for the Madras Solar Energy Facility on May to participate in the contested case are further
10, 2021, and to notify individuals or organizations described in Attachment 1 of this notice.
that commented on the record of the Draft Proposed
Order (DPO) public hearing of their right to request to To raise an issue in the contested case, the issue must
participate in the contested case proceeding, as be within the jurisdiction of the Council and the
further detailed in Attachment 1 of this notice. person must have raised the issue on the record of the
public hearing on the DPO, either verbally or in
Proposed Order Recommendations: The Proposed writing, with sufficient specificity for the Council,
Order includes changes from the DPO in Department, and the applicant to respond to the
underline/strikethrough format, in response to issue. If an action recommended in the Proposed
comments raised on the record of the DPO, and Order, including any recommended conditions of
recommends that Council approve the ASC and grant approval, differs materially from the action
a site certificate, subject to recommended conditions. recommended in the DPO, the person may raise new
Revisions to recommended site certificate conditions issues within the jurisdiction of the Council that are
and findings of fact, as presented in the Proposed related to such differences.
Order, are further detailed in Attachment 1 of this
notice. Contested Case Proceeding: Unless rescheduled by
the Hearing Officer, the contested case proceeding
Procedural History: On November 9, 2020, the will begin with the filing of sworn, written direct
Department received a complete ASC from the testimony on September 6, 2021 (date of the
applicant seeking Council approval to construct and contested case hearing under ORS 469.370(4) and
operate the proposed facility. The Department issued OAR 345-015-0230(3)(e)). The remainder of the
a DPO on the ASC on March 23, 2021 and accepted contested case schedule will be determined by the
public comments from March 23 through April 22, Hearing Officer.
2021, ending at the close of the public hearing on the
Public Notice: Proposed Order and Opportunity to Request a Contested Case, Madras Solar Energy Facility | May 2021 Page | 1EFSC Decision Process: Following the contested case Oregon Department of Energy’s webpage
proceeding, the Council will issue a final order either More details on the proposed Madras Solar Energy
granting or denying issuance of a site certificate for Facility, including the ASC, DPO and the Proposed
the proposed facility. The Siting Division Public Guide Order, are available online at:
contains information on the EFSC process. To view this https://www.oregon.gov/energy/facilities-
information on the Department’s website, please use safety/facilities/Pages/MSE.aspx
the following link: http://tinyurl.com/EFSCPublicGuide
Updates by Email/Mail: Sign-up for email updates on
Receipt of this Notice: Please note that you may be the proposed Madras Solar Energy Facility or other
receiving this notice for multiple reasons: energy facilities under Council jurisdiction. The
1. You own property within or adjacent to Department’s email update system is automated and
(within 500 feet) the property boundary on allows interested members of the public to manage
which the proposed facility would be located. subscriptions to information received about
You will automatically receive all future Department projects and events. For more
Council notices for this proposed facility. information, please visit: https://tinyurl.com/ODOE-
2. You have requested to receive paper notices EFSC.
on the Madras Solar Energy Facility. If you
wish to be removed from this mailing list, To receive notices by U.S. Mail, please contact
please contact Chase McVeigh-Walker. Dawnita Bruce at 503-378-3895, toll-free in Oregon at
3. You commented in person or in writing on the 800-221-8035, or email to
record of the DPO public hearing conducted Dawnita.M.BRUCE@oregon.gov and request to be
under OAR 345-015-0220, discussed in this added to the hardcopy notice list.
notice.
4. You have previously signed up via In Hardcopy: Hard copies of the ASC, DPO, and
GovDelivery/ClickDimensions to receive email Proposed Order are available for public inspection at
notices related to the Madras Solar Energy the following location at no cost. Please contact the
Facility or all EFSC project-related notices. You Department to arrange viewing of hard copies of the
will automatically receive all future email ASC, DPO, and Proposed Order. Hard copies will be
notices per your request, unless you provided at reasonable cost upon request to the
unsubscribe via ClickDimensions or by Department.
contacting the Department. Oregon Department of Energy
550 Capitol Street NE
Additional Information: Please contact Chase Salem, OR 97301
McVeigh-Walker, the Department representative, if Phone: 503-934-1582
you have questions or would like to schedule an Email: chase.mcveigh-walker@oregon.gov
appointment to review materials.
Accessibility information: The Oregon Department of
The public can also receive more information about Energy is committed to accommodating people with
the proposed facility and updates on the review disabilities. If you require any special physical or
process by using the following options: language accommodations, or need information in an
alternate format, please contact Dawnita Bruce at
503-378-3895, toll-free in Oregon at 800-221-8035, or
email to Dawnita.M.BRUCE@oregon.gov.
Public Notice: Proposed Order and Opportunity to Request a Contested Case, Madras Solar Energy Facility | May 2021 Page | 2ATTACHMENT 1:
NOTICE OF CONTESTED CASE PROCEEDING & INFORMATION
FOR INDIVIDUALS ELIGIBLE TO PARTICIPATE IN CONTESTED CASE
PROCEEDING
Contested Case Proceeding on Proposed Order on Application for Site Certificate (ASC): The Energy Facility
Siting Council (Council) must conduct a Contested Case proceeding on the Application for Site Certificate (ASC) in
accordance with the applicable provisions of ORS chapter 183, the Model Rules of Procedure for Contested
Cases in OAR 137-003-0001 through 137-003-0092 and the Council’s rules in OAR 345-015-0012 through 345-
015-0085. The contested case proceeding applies to the Oregon Department of Energy’s (Department) Proposed
Order on an ASC, a document containing Department recommendations to Council on the ability of a proposed
facility and applicant to satisfy applicable requirements. A Proposed Order on an ASC also includes the
Department’s evaluation of issues of law or fact raised on the record of the Draft Proposed Order (DPO) public
hearing, where the DPO represents a previous version of the Department’s recommendations to Council.
Persons that commented on the record of the DPO public hearing are eligible to request limited party status in a
contested case proceeding to contest issues of law or fact the individual raised on the record of the DPO public
hearing, yet believe have not been sufficiently addressed in the Department’s Proposed Order on an ASC.
On May 10, 2021, the Department issued the Proposed Order on the Application for Site Certificate for the
Madras Solar Energy Facility (Proposed Order), as required by ORS 469.370(4) and OAR 345-015-0230(2). The
Proposed Order recommends that the Council grant the site certificate for the proposed facility subject to
compliance with recommended conditions. The Proposed Order is available for download on the Department’s
website (https://www.oregon.gov/energy/facilities-safety/facilities/Pages/MSE.aspx). Hard copies of the ASC,
DPO, and Proposed Order are available for public inspection at Department’s office at 550 Capitol Street NE in
Salem, Oregon. Hard copies will be provided at reasonable cost upon request to the Department. Revisions
incorporated into the Proposed Order from the DPO are presented in red-line format, to allow easy
identification of changes.
Summary of Material Changes in Proposed Order to Recommended Site Certificate Conditions: In response to
issues raised with sufficient specificity on the record of the DPO public hearing, within Council jurisdiction, the
following recommended site certificate conditions were materially revised in the Proposed Order: Public
Services Condition 2; Structural Standard Conditions 2 and 6.
Persons Eligible to Request Party Status or Limited Party Status: Only Individuals and organizations that
commented in person at the April 22, 2021 DPO public hearing or commented in writing on the DPO by
submitting a written comment between the issuance of the DPO on March 23, 2021 and the close of the public
hearings on April 22, 2021 may request to participate as a party or limited party in a contested case proceeding
on an application for a site certificate. Party status or limited party status in the contested case proceeding may
be requested as provided in ORS 469.370(5) and OAR 345-015-0016, described below.
Notice of Proposed Order and Contested Case – Attachment 1 Page 3
May 10, 2021To raise an issue in a contested case proceeding, the issue must be within the jurisdiction of the Council, and the person must have raised the issue in person or in writing on the record of the public hearings with sufficient specificity, unless the Department did not follow the requirements of ORS 469.370(2) or (3) or unless the action recommended in the Proposed Order, including any recommended conditions of approval, differs materially from the action recommended in the Draft Proposed Order, in which case the person may raise only new issues within the jurisdiction of the Council that are related to such differences. If a person did not raise an issue verbally or in writing prior to the close of the record of the public hearings with sufficient specificity to afford the decision maker an opportunity to respond to the issue, the Hearing Officer shall not consider the issue in the contested case proceeding. To have raised an issue with sufficient specificity, the person must have presented facts verbally or in writing prior to the close of the record of the public hearings that support the person's position on the issue. Contents of a Petition for Party or Limited Party Status: A petition for party or limited party status must comply with OAR 345-015-0016, and must include: 1. Names and addresses of the petitioner and of any organization the petitioner represents; 2. Name and address of the petitioner's attorney, if any; 3. A statement of whether the request is for participation as a party or a limited party, and, if as a limited party, the precise area or areas in which participation is sought; 4. If the petitioner seeks to protect a personal interest in the outcome of the agency's proceeding, a detailed statement of the petitioner's interest, economic or otherwise, and how such interest may be affected by the results of the proceeding; 5. If the petitioner seeks to represent a public interest in the results of the proceeding, a detailed statement of such public interest, the manner in which such public interest will be affected by the results of the proceeding, and the petitioner's qualifications to represent such public interest; 6. A statement of the reasons why existing parties to the proceeding cannot adequately represent the interest identified above; 7. A short and plain statement of the issue or issues that the person desires to raise in the contested case proceeding; and, 8. A reference to the person’s comments at the public hearing showing that the person raised the issue or issues at the public hearing. A template petition is provided as an attachment to this notice, which can be used for submission of a petition in accordance with the submittal requirements outlined in this notice. Notice of Proposed Order Contested Case – Attachment 1 Page 4 May 10, 2021
Submittal Requirements - Petition to Request for Party or Limited Party Status: Persons eligible to request
party or limited party status in the contested case proceeding must submit a written petition to the Hearing
Officer which must be received no later than June 10, 2021 at 5:00 p.m. PST. Petitions may be submitted in
writing via U.S. mail, email or fax before the 5:00 p.m. (PDT) deadline to the following address:
Joe Allen, Senior Administrative Law Judge
c/o Oregon Department of Energy Siting Division, Attn: Chase McVeigh-Walker
550 Capitol Street NE, Salem, OR 97301
Fax: 503-373-7806
Email: OED_OAH_Referral@oregon.gov (*Please note two underscores (“_”) in email address)
Additionally, please submit an electronic copy of the petition to the Department’s Siting Analyst at:
Email: chase.mcveigh-walker@oregon.gov
If the Hearing Officer does not receive the petition by 5:00 pm (PST) on June 10, 2021, the requesting person(s)
will have waived any right to participate in the contested case. The petition must contain all of the information
described in this notice.
Date of Prehearing Conference: Pursuant to OAR 345-015-0230(3)(a)(D), this notice must include the date of the
prehearing conference. Following the Hearing Officer’s Notice of Petitions and Opportunity for Petitioners to
Respond (to petitions received), a prehearing conference will be conducted by the Council-appointed Hearing
Officer from the Office of Administrative Hearings, Joe Allen, by telephone at 10:00 a.m. PST on July 12, 2021,
unless otherwise rescheduled by the Hearing Officer.
Persons requesting party status must:
• Appear at the prehearing conference, as an individual, through legal counsel or persons authorized to
represent them in the contested case hearing;
• Confirm the issues they would like to address in the contested case; and,
• Raise any issues regarding the contested case process, or such issues will be waived as provided in OAR 345-
015-0083.
Following the prehearing conference, the Hearing Officer will issue an Order on Party or Limited Status and
Issues, followed by a Case Management Order to all those granted party status. The Hearing Officer’s Order on
Party or Limited Status and Issues is final unless the requestor submits an appeal to the Council within seven
days after the date of service. The Case Management Order will establish the schedule for the contested case
proceeding.
Contested Case Proceeding: Unless rescheduled by the Hearing Officer through a prehearing notice or order,
the contested case proceeding will begin with the filing of sworn, written direct testimony on September 6, 2021
(date of the contested case hearing under ORS 469.370(4) and OAR 345-015-0230(3)(e)). The remainder of the
contested case proceeding schedule will be determined by the Hearing Officer and will likely include submission
of written rebuttal testimony and in-person cross-examination before the Hearing Officer.
Default: In accordance with ORS 469.370(6), if no one requests party status, the Proposed Order shall be
forwarded to the Council and the contested case hearing shall be concluded. If a person submits a request for
party status and fails to appear at the prehearing conference, the Council may issue a final order adverse to that
person upon making the determinations required by ORS 469.503.
Notice of Proposed Order Contested Case – Attachment 1 Page 5
May 10, 2021Petition Template
Notes:
1. This template was developed by the Oregon Department of Energy (Department) and is provided as a courtesy for persons seeking to participate in the
contested case proceeding. Petitioners are not required to use the template, but use is recommended to ensure petitions contain required petition
information and can be efficiently reviewed by Department staff and Hearing Officer.
2. Please contact the Department representative, Chase McVeigh-Walker, to request a Word version of the template.
Description Explanation of Information Petitioner Information
Petitioner Name: Provide petitioner first and last name.
Provide physical mailing address and e-mail address,
Petitioner Address:
if available.
Petitioner Attorney: Provide name and address of attorney, if any.
Provide name of any person(s) authorized by you to
Authorized represent your issue(s) or confirm your intent to act
Representative: as an authorized representative for the organization
you intend to represent.
Name of Any Confirm and provide the name of any organization(s)
Organization Petitioner you represent in this proceeding, in addition to
Represents: yourself.
Confirm whether you are seeking to participate as a
Party Status Requested party or limited party and if as a limited party the
(Limited or Full): precise area or areas in which you seek to
participate.
Notice of Proposed Order and Contested Case – Attachment 1 Page 6
May 10, 2021Petition Template
Notes:
1. This template was developed by the Oregon Department of Energy (Department) and is provided as a courtesy for persons seeking to participate in the
contested case proceeding. Petitioners are not required to use the template, but use is recommended to ensure petitions contain required petition
information and can be efficiently reviewed by Department staff and Hearing Officer.
2. Please contact the Department representative, Chase McVeigh-Walker, to request a Word version of the template.
Description Explanation of Information Petitioner Information
Provide a detailed statement of your personal
interest (economic or otherwise).
If seeking to represent a
personal interest:
Explain how your personal interest may be affected
by the results of the proceeding.
Provide reasons why existing parties to the
proceeding cannot adequately represent the
personal interest you have identified.
Provide a detailed statement of the public interest
you intend to represent.
Explain how such public interest would be impacted
by the outcome of the proceeding.
If seeking to represent a
public interest:
Provide a reference to your qualifications to
represent such public interest(s).
Provide reasons why existing parties to the
proceeding cannot adequately represent the public
interest(s) you have identified.
Notice of Proposed Order Contested Case – Attachment 1 Page 7
May 10, 2021Petition Template
Notes:
1. This template was developed by the Oregon Department of Energy (Department) and is provided as a courtesy for persons seeking to participate in the
contested case proceeding. Petitioners are not required to use the template, but use is recommended to ensure petitions contain required petition
information and can be efficiently reviewed by Department staff and Hearing Officer.
2. Please contact the Department representative, Chase McVeigh-Walker, to request a Word version of the template.
Description Explanation of Information Petitioner Information
Issue Information
Instructions: Provide information for Items (1) – (2) below for each issue requested for review in the proceeding.
Issue 1
Provide short and plain statement of each issue you
wish to raise in the contested case, including facts or
legal analysis presented in the Proposed Order or
ASC believed to be at issue and provide a reference
to applicable rules or statutes believed applicable to
the issue.
Issue Statement: Examples:
Issue #1. The evaluation of XX does not comply with
XX because (identify and provide explanation of
facts or legal analysis believed to be at issue); OR
Issue #1. I contend the applicant does not meet [cite
specific Council standard or applicable law] because
[provide brief explanation of why you believe
applicant does not meet the cited standard or law]).
For each issue identified in your Issue Statement(s),
Provide date of DPO
provide date and manner (verbal or written) in
comments where issue
which you raised the issue(s) on the record of the
was previously cited:
Draft Proposed Order.
Notice of Proposed Order Contested Case – Attachment 1 Page 8
May 10, 2021Petition Template
Notes:
1. This template was developed by the Oregon Department of Energy (Department) and is provided as a courtesy for persons seeking to participate in the
contested case proceeding. Petitioners are not required to use the template, but use is recommended to ensure petitions contain required petition
information and can be efficiently reviewed by Department staff and Hearing Officer.
2. Please contact the Department representative, Chase McVeigh-Walker, to request a Word version of the template.
Description Explanation of Information Petitioner Information
Issue 2
Instructions: If more than 1 issue, continue to provide responses to (1) and (2) for each additional issue requested for review in the proceeding.
Provide short and plain statement of each issue you
wish to raise in the contested case, including facts or
legal analysis presented in the Proposed Order or
ASC believed to be at issue and provide a reference
to applicable rules or statutes believed applicable to
the issue.
Issue Statement: Examples:
Issue #1. The evaluation of XX does not comply with
XX because (identify and provide explanation of
facts or legal analysis believed to be at issue); OR
Issue #1. I contend the applicant does not meet [cite
specific Council standard or applicable law] because
[provide brief explanation of why you believe
applicant does not meet the cited standard or law]).
For each issue identified in your Issue Statement(s),
Provide date of DPO
provide date and manner (verbal or written) in
comments where issue
which you raised the issue(s) on the record of the
was previously cited:
Draft Proposed Order.
Notice of Proposed Order Contested Case – Attachment 1 Page 9
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